Half of Bihar could lose voting rights: ADR’s Jagdeep Chhokar on EC’s Bihar voter list revision

Half of Bihar could lose voting rights: ADR’s Jagdeep Chhokar on EC’s Bihar voter list revision

The Election Commission’s (EC) Special Intensive Revision (SIR) of electoral rolls in poll-bound Bihar has triggered a political storm, with the opposition Congress dubbing it ‘a rigging attempt’ orchestrated by the poll panel under instructions from the ruling regime.

Jagdeep Chhokar said the SIR is problematic and illegal as people added to the rolls after January 1, 2003 have been deleted without due process.(X/@JagdeepChhokar)

At least half a dozen petitions by political parties, individuals and civil society groups have been filed in the Supreme Court against what they call a ‘blatantly unconstitutional’ exercise.

The Supreme Court will hear these petitions on July 10. Jagdeep Chhokar, co-founder of the election watchdog Association for Democratic Reforms (ADR) and one of the petitioners in SC against SIR, says the process is ‘illegal and impractical.’

Half of Bihar could lose voting rights  if SIR is not stopped right now, Chhokar tells Hindustan Times.

“In its June 24, 2025 notification, the EC said there is a presumption of citizenship for people whose names are in the electoral rolls before January 1, 2003. This means there is no presumption of citizenship for people added to the rolls after January 1, 2003. This also means people added to the voter list from January 1, 2003, to June 23, 2025, have effectively been deleted from the electoral rolls,” he says.

But there are laws for the deletion of names from the voters' list, the ADR co-founder points out. “The Registration of Electors Rule, 1960 and the Representation of the People Act, 1951 say if the EC intends to delete voters’ names, it has to send a notice to the person or persons. The poll panel is supposed to find reasons why his or her name should not be deleted, so there is a provision for giving a personal hearing.

Chhokar says people who were added to the rolls after January 1, 2003, have been deleted without following due process. That is precisely why the SIR is problematic and illegal, he says.

The election commission is empowered to conduct a summary or intensive revision of electoral rolls whenever it wants, for reasons to be recorded. The EC has cited rapid urbanisation, frequent migration, young citizens becoming eligible to vote, non-reporting of deaths, and inclusion of the names of foreign illegal immigrants as reasons that have necessitated the intensive revision.

“But these reasons have been there for 20-25 years. These reasons being cited right now are not justified."

The issue of voter eligibility is another problem in the entire process, he says.

“Voter eligibility comes from Form VI, which has a declaration certifying that the person is a citizen of India with details. The person gives a certificate as proof of his date of birth, be it Aadhaar or any other document. But the notification issued on June 24 talks about a new declaration. So this is a change in the criteria for eligibility of a voter. This is illegal when done by the EC. This can be done by the Home Ministry, but not by the EC,” he says.

Chhokar also questions the speed at which the SIR is being done. The EC started the exercise on June 25 and will complete it in about a month. “A BLO goes to a voter’s house and gives the enumeration form. The next time, he goes and collects the form. Each BLO has to go to a voter's house at least twice. Is it possible to complete the exercise in one month?” he asks.

In the face of criticism, Chief Election Commissioner (CEC) Gyanesh Kumar on July 6 defended the SIR of electoral rolls in the poll-bound state, saying the poll panel had “invited all recognised political parties for interaction” on the matter and “no one was satisfied with the current status of electoral rolls for one reason or the other”.

Chhokar points out that since 30-40 per cent of people from Bihar migrate to other states, it is not possible for them to fill out the enumeration forms. “They won't be at home. The EC says that these people can download the form from the website, fill it, and upload. Now, imagine how a labourer from Bihar working in farms in Punjab and construction sites in Worli, Mumbai, can download and upload this form,” he says.

After the row, Bihar CEO issued an advertisement in newspapers saying one need not give documents and Aadhaar would do. But, Chhokar says, in a press note issued on July 6, EC said “the electors can submit their documents any time before July 25, 2025.”

“This statement contradicts what the Bihar CEO says about ‘Aadhaar will do’, and that no other documents are required,” he says.

If this is being done and in the way it is being done, Chhokar says, more than half of the people of Bihar would be disenfranchised.

Barring the citizenship question, Chhokar says, the EC can do the revision exercise.

“But the way it is being done is problematic. Had they done this a year ago, it would have been okay. The EC can do it legally, but that doesn’t mean you violate existing laws. There are Supreme Court judgements, too,” he says.

The ADR has prayed that SIR be stopped completely, and if not now, at least order a stay and discuss it before taking it up again. “If it is not stopped now, it will disrupt the electoral process and disenfranchise people. We know that if someone is not proven to be a citizen, he can also be deported. This is very dangerous,” Chhokar says.